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🎥 Judicial review petition filed in R9 Ranch water rights transfer

R9 proposed municipal wells (Click to enlarge)

By BECKY KISER
Hays Post

A petition for judicial review has been filed as the first part of the regulatory phase is wrapping up for transferring water from the R9 Ranch in Edwards County to Hays.

The ranch is owned by the cities of Hays and Russell to be used as long term water source, which may also be made available to Ellis, Victoria and La Crosse.

A final master order was issued March 27 by David Barfield, chief engineer at the Kansas Department of Agriculture’s Division of Water Resources (DWR), approving change applications by Hays and Russell to convert the irrigation rights of the R9 Ranch to municipal use for the cities.

There are two checks in that process.

Due to the quantity of water and the distance it will be transported for its new use, the project also requires approval under the state’s Water Transfer Act. Now that the changes have been approved, the water transfer proceeding will be initiated to determine whether it is in the state’s overall best interest to allow the transfer of the water.

“Entities could petition the secretary of agriculture for a review of the order. There was (such) a petition and the secretary declined declined to review the order, and stated the order was fine,” Hays City Manager Toby Dougherty told city commissioners Thursday night.

The last opportunity for an intervention by an outside party is to petition for a judicial review.

A group called WaterPACK, the Water Protection Association of Central Kansas, has filed a petition for judicial review with the court in Edwards County.

“They’re really our only opposition in this entire project,” noted Dougherty. “Essentially what the petition said is that (they) don’t agree with the chief engineer’s findings on the master order.

“They rehashed all the arguments they brought up as the master order was being drafted to which the chief engineer pointed out they weren’t relevant  to the situation. There was no new information introduced.”

DWR is in the process of filing its response to WaterPACK. The Division of Water Resources, through their agriculture department attorney, is filing their answer to the petition on June 28.

“I believe, on that same day, it’s our attorney’s intention to file a motion to intervene on behalf of Hays. There will also be one filed on behalf of the city of Russell. Once those motions are filed, we are tied into the case,” Dougherty explained to the commissioners, “becoming a party to the case, as is WaterPACK and as is the Division of Water Resources.”

Dougherty does not know what the court proceedings schedule will be. “That will be up to the judge to determine what the procedure is to be going forward, or whether something might get dismissed.

“We do fully intend to be tied to this case,” he emphasized.

R9 Ranch, Edwards County

By state law, once the Final Master Order is issued, the Water Transfer Act is triggered, which has never happened in Kansas.

The act still requires approval within 18 months from a three-person panel consisting of the Kansas Department of Health and Environment Secretary or the KDHE Director of the Division of Environment, the head of the Kansas Water Office, and the chief engineer of the KDA/DWR. The state agriculture department oversees the Division of Water Resources.

Updated public information is available on the KDA–DWR website dedicated to the project — agriculture.ks.gov/HaysR9.

‘Life’s a Beach … and Then You Die’ tickets available now

Hays Community Theatre mystery dinner theater right around the corner

By JAMES BELL
Hays Post

On Friday, June 28, and Saturday, June 29, the Hays Community Theatre, 121 E. Eighth, will host its next murder mystery dinner theater, “Life’s a Beach…and Then You Die.”

“It is beachy and island-based,” said Sharona Fondoble, HCT board member. “We wanted something to go with the summer.”

Ticketing will close Tuesday, June 25, and tickets cost $25.

Local Hays restaurant Hickok’s Steakhouse, 3402 Vine. will provide dinner.

Alcoholic beverages available will be available, but not included in the ticket price.

“It’s a fun time, good meal and entertainment,” Fondoble said.

While the entire event is expected to last about three hours, she said usually some people stick around after the mystery is solved.

During the event, participants will become a part of the show after dinner is completed working to solve a mystery.

“With this particular one, when you walk in, you will be assigned a character,” Fondoble said.

Unlike previous shows where background information was provided prior to the dinner, attendees will get all the information during the event.

“On this one, we are doing it much simpler,” Fondoble said. “You draw a name out of the hat, that’s who you are. When you visit down at the table, you will be given some basic information about the evening and how it will proceed, so you know what to prepare for.”

During the event, attendees will also work as a team.

“Each table will be separated as a team, and you will function as a team to go with the clues,” Fondoble said.

As clues or riddles are solved, another will present itself until the mystery is solved.

With the murder mysteries, organizers encourage attendees to dress for the show, something that is a part of the plan when coming up with show ideas, Fondoble said.

“It’s not a requirement, but it makes it more fun for everyone,” he said.

The show ideas are a collaboration and put together by a group of writers that works closely with the theater.

“We have a local group of writers, the Ink Blots, that write all of our murder mysteries and they also do our script for haunted tours,” Fondoble said.

After an idea is developed, the HCT coordinates with the writers to ensure the size of the venue and number of anticipated guests to accommodate the story.

“We decided on a theme and they made up the show for us with a pirate-y lost treasure kind of thing,” Fondoble said.

In order to keep the event spontaneous and keep the mystery alive, details of the story are not shared before the event.

“We try to keep it hush-hush, we don’t know a whole lot more than we put out there, that way nobody spills the beans on anything,” Fondoble said.

This is the fourth storyline the HCT has presented, with past dinner theater stories being used on multiple nights.

Typically, Fondoble said, the shows sell out.

Doors for both nights will open at 6:30 p.m.

Tickets for Friday’s show can be found by clicking here.

Tickets for Saturday’s show can be found by clicking here.

For more information about the Hays Community Theatre, or see other upcoming events visit their website by clicking here.

 

HPD Activity Log June 19 & 20

The Hays Police Department responded to 13 animal calls and conducted 20 traffic stops Wed., June 19, 2019, according to the HPD Activity Log.

Unwanted Person–1300 block Vine, Hays; 12:09 AM
Water Use Violation–400 block E 8th St, Hays; 12:55 AM
Water Use Violation–1000 block W 27th St, Hays; 1:11 AM
Driving Under the Influence–200 block E 9th St, Hays; 1:43 AM
Drug Offenses–3700 block Vine St, Hays; 4:02 AM
Abandoned Vehicle–2400 block Pine St, Hays; 8:47 AM
Abandoned Vehicle–2200 block Oak St. Terr, Hays; 9:10 AM
Animal Call–1300 block E 32nd St, Hays; 9:30 AM
Bicycle – Lost,Found,Stolen–100 block W 4th St, Hays; 12 AM; 6 AM
Animal Call–2800 block Grant Ave, Hays; 10:12 AM
Animal At Large–1000 block Reservation Rd, Hays; 10:21 AM
Animal At Large–1100 block E 17th St, Hays; 10:39 AM
Animal At Large–500 block W 23rd St, Hays; 1:08 PM
Welfare Check–1400 block E 29th St, Hays; 6/17; 6/19 1:16 PM
Civil Dispute–1700 block Vine St, Hays; 2:48 PM PM
Domestic Disturbance–33090 block  Hall St, Hays; 2:55 PM; 2:57 PM
Found/Lost Property–4300 block Vine St, Hays; 3:11 PM
Found/Lost Property–100 block W 12th St, Hays; 4:07 PM
Civil Dispute–2900 block Broadway Ave, Hays; 4 PM; 4:09 PM
Animal At Large–300 block E 14th St, Hays; 4:36 PM
Harassment (All Other)–2700 block Epworth St, Hays; 8:01 PM
Violation of Restraining Order/PFA–1300 block MacArthur Rd, Hays; 7 PM; 8 PM
Theft (general)–400 block E 7th St, Hays; 11:30 PM; 11:40 PM
Animal At Large–300 block E 21st St, Hays; 9:31 PM

The Hays Police Department responded to 6 animal calls and conducted 23 traffic stops Thu., June 20, 2019, according to the HPD Activity Log.

Domestic Disturbance–400 block W 4th St, Hays; 2:12 AM; 2:16 AM
Suspicious Activity–2900 block Vine St, Hays; 3:37 AM
Animal At Large–15th and Walnut St, Hays; 7:49 AM
Parking Complaint–1300 block MacArthur Rd, Hays; 8:54 AM
Found/Lost Property–1700 block Ash St, Hays; 8:59 AM
Theft (general)–2200 block Canterbury Dr, Hays; 5/1
Civil Dispute–300 block E 12th St, Hays; 5 AM; 5:15 AM
Criminal Damage to Property–200 block E 16th St, Hays; 6/17 12 AM; 6/20 9:42 AM
Criminal Damage to Property–200 block E 16th St, Hays; 11:40 AM
Fraud–100 block W 11th St, Hays; 1/20/17 11:41 AM; 6/20/19 11:41 AM
MV Accident-Personal Injury–2400 block Canterbury Dr; 1:11 PM
Mental Health Call–200 block E 7th St, Hays; 1:32 PM
Burglary/residence–1300 block Western Plains Dr, Hays; 5/10 2:02 PM
Water Use Violation–800 block Vine St, Hays; 3:50 PM; 3:55 PM
Juvenile Complaint–300  block Main St, Hays; 4:01 PM
MV Accident-City Street/Alley–2600 block Canterbury Dr, Hays; 5 PM; 5:06 PM
MV Accident-Hit and Run–200 block E 12th St, Hays; 7:41 PM
Animal Call–1900 block Vine St, Hays; 9:08 PM
Disturbance – Noise–1000 block Reservation Rd, Hays; 10:58 PM

HaysMed now using computer-assisted navigation for total knee replacements

HaysMed

HaysMed has started performing total knee replacements in specific candidates with computer assisted navigation.

Orthopedic surgeon, Dr. Oluwaseun Akinbo MD, has recently incorporated this novel computer assisted navigation into his practice for performing total knee replacements.

Computer-assisted total knee replacement is a procedure that ensures a higher level of precision with bone cuts during the knee replacement procedure.

Dr. Oluwaseun Akinbo

“With the aid of a real time surgical navigation system, we can improve on bony alignment and soft tissue balance, which are the two most critical components of a knee replacement,” said Akinbo.

“The CAS system we have used is slightly larger than a cell phone,” said

. “However, the technology is the equivalent to the larger CAS in precisely measuring the information needed for successful total knee replacements.”

When your knee replacement is aligned precisely the forces across the components are even, which results in less wear on the joint replacement.

“Computer-assisted knee replacement is one of the most technologically advanced methods of performing your knee replacement today. Your body’s everyday function is dependent upon a high degree of perfectly coordinated motions based on precision,” added Akinbo.

The computer based surgery is an option for anyone needing total knee replacement surgery. It is especially beneficial for patients at risk for malpositioning of components to include morbidly obese patients and patients with significant deformities. It also eliminates the removal of most indwelling implants prior to a knee replacement surgery.

To make an appointment go to https://www.haysmed.com/orthopedic-institute/ or call 785-261-7599.

Former state senator Lee named co-chair of governor’s tax reform council

Former state senator Janis Lee
Office of Gov. Laura Kelly

Honoring her promise to pursue commonsense, bipartisan reform of the Kansas tax code, Governor Laura Kelly today announced the appointment of two former state senators to serve as co-chairs of the new Governor’s Council on Tax Reform.

Kelly selected Steve Morris of Hugoton and Janis Lee of Kensington to lead the Governor’s Council on Tax Reform, charged with thorough review of the state’s tax code and recommendations for a more fiscally responsible and fair tax structure.

Morris, a moderate Republican, served 20 years in the Kansas Senate, including eight years as Senate president. During Lee’s 22 years in the state Senate, she was a longtime ranking Democrat on the Senate Tax Committee. She also is a former chief hearing officer for the Kansas Court of Tax Appeals.

Kelly served with Morris and Lee in the state Senate, and said their experience and bipartisan approach would be instrumental as the new Council on Tax Reform moves forward in pursuit of sound tax policy.

“The people of Kansas elected me to bring fiscally conservative and responsible principles back to our government,” Kelly said. “To that end, I expect the Council on Tax Reform to thoughtfully evaluate tax policy and recommend prudent, sustainable changes for the future.

“I know Steve and Janis share my desire to keep the state tax burden as low as possible. They also understand how important it is to ensure that our tax code supports public investment in areas such as education, public safety and infrastructure needed to help Kansas prosper.

“While it’s necessary to proceed with caution due to economic uncertainty, it’s also time to begin the conversation on tax reform that’s beneficial for families and businesses alike,” the governor said. “We can and should build a sensible tax system that benefits Kansans who need it most, and ultimately all Kansans.”

Kelly plans to issue an executive order establishing and announcing the full membership of the Governor’s Council on Tax Reform, and detailing the full scope of work involved in the coming weeks.

Hutch couple found guilty of March robbery involving hatchet

David Hunter / photo Ellis Co.

By JONATHAN ZWEYGARDT
Hays Post

A Hutchinson couple pleaded no contest to robbery and drug charges Tuesday in Ellis County District Court after robbing a man in March while armed with a hatchet.

David Scott Hunter initially was charged with kidnapping, aggravated robbery, aggravated assault with a deadly weapon, drug possession, and interference with law enforcement after the March 29 incident in Hays.

Hunter’s wife, Hollie Hunter, was charged with aiding in the commission of the crimes of kidnapping, aggravated robbery and aggravated assault with a deadly weapon, and drug possession.

Under the plea agreement, David Hunter pleaded no contest and was found guilty of aggravated robbery and possession of methamphetamine — both felonies. The agreement calls for David Hunter to serve 130 months, or 10 years and 10 months, in prison on the aggravated robbery charge. He was also sentenced to 11 months for drug possession, which will run concurrent to the robbery sentence.

Three other charges were dropped as a result of the plea agreement.

He is also on probation with an underlying sentence of 21 months in prison for a case in Reno County and faces a theft charge in Reno County.

Hollie Hunter pleaded no contest and was found guilty of aiding and abetting in the commission of aggravated robbery and possession of methamphetamine.

Hollie Hunter / photo Ellis Co.

Hunter agreed to 41 months for the aiding and abetting charge and 11 months on the drug charge for a total of 52 months. Under the agreement, Hunter will serve three years of probation instead of the prison sentence, but if she violates her probation, the judge can sentence her to the full 52 months in prison.

As part of the plea deal, Hollie Hunter agreed to testify against her husband. Two other charges were dropped.

According to court documents, David and Hollie Hunter were accused of robbing an acquaintance in the early morning hours of March 29 instead of giving him a ride to his girlfriend’s house.

The victim told police that Hollie Hunter drove the three of them to the Kwik Shop, 1301 Vine, to get gas and cigarettes but after the victim gave David Hunter cash, Hunter got back in the van and threatened the man with a hatchet.

Documents said David Hunter then told his wife to drive away and, after they reached an area outside of Hays, they let the man out of the vehicle.

The Hunters took a wallet, backpack, jewelry, a cellphone and approximately $150 from the victim.

The victim reported the incident to the Hays Police Department a short time later and traced his cellphone to a Hays hotel.

Police located a van matching the suspect’s van at the hotel. There an officer from the HPD identified both Hollie Hunter and David Hunter.

David Hunter, who initially gave the officer a fake name, was identified as having a Reno County warrant for his arrest and he was taken into custody. The officer also reportedly found Hunter to be in possession of items taken from the victim earlier in the day, as well as drug paraphernalia.

Hollie Hunter was identified as a person of interest in a shoplifting report at Walmart and also was arrested.

While searching the couple’s hotel, more of the victim’s belongings, drugs and drug paraphernalia were found.

Sentencing for both is tentatively scheduled for August.

Ellis County Commission cuts funding to outside agencies

By JONATHAN ZWEYGARDT
Hays Post

Even though the Ellis County Commission got some good news Monday with an expected increase in assessed valuation and the possibility of lower than expected employee health insurance costs, the commission is still working to trim the proposed 2020 budget.

In the 2019 budget year, the commission provided $1.053 to 20 outside agencies but facing projected shortfalls in the coming years the commission expressed their desire to cut spending.

At Monday’s meeting, the commission went through each agency and came up with a total of $928,800 for outside agencies in the 2020 budget. That is a cut of $124,200 from the previous year.

At a meeting earlier this month, 16 agencies presented their requests for a total of $1.073 million.

Agency 2020 Funding (Proposed) 2019 Funding
High Plains Mental Health $260,000 $281,646
Developmental Services of Northwest Kansas $216,000 $240,00
Hays Area Children Center $120,000 $135,000
Senior Agencies – (made up of 6 agencies) $112,750 $132,048
Ellis County Historical Society $72,250 $96,797
Ellis County Conservation District $55,000 $72,646
ACCESS Bus $50,000 $60,000
Grow Hays $27,500 $0
Northwest Kansas Planning $22,500 $38,877
Western Kansas Child Advocacy $4,500 $9,000
CASA $4,750 $9,000
Human Society $2,600 $4,500
Ellis Alliance $1,750 $4,835
Center for Life Experience $1,700 $1,000
Hays Arts Council $0 $3,385
Ellis Junior Free Fair $0 $3,143

Commissioner Dean Haselhorst said Monday it was not easy to make those cuts.

“I think we took a step in the right direction,” Haselhorst. “I had tough time cutting. … High Plains Mental Health does a lot for out county, I changed that number four times before I brought that number tonight.”

High Plains Mental Health had requested $281,646 for 2020, but the commission chose to allocate $260,000.

Almost all agencies that have received funding from the county in the past took a similar cut and Commissioner Dustin Roths again echoed his statements from earlier this year saying he hopes private donations can help support these agencies.

“I want everybody to take a hard look at this list, it’s all something that you can donate your hard earned money to and we don’t have to collect it through taxpayer money,” said Roths.

Haselhorst also suggested he would be willing to help with a fundraiser with High Plains Mental Health in the future.

“I do appreciate everything all the outside agencies do for our county,” Haselhorst said.

The commission also restored $3,200 in funding for the Register of Deeds office for salaries in 2020. Registrar Rebecca Herzog had previously cut salary for her department to meet the commission request that each department cut 1.5 percent from 2019. Changes in health insurance costs will pay for the restored funds.

They also restored funding for the clerk’s office to keep a three-quarter-time position in 2020 instead of reducing that person to just half-time.

They also budgeted for a part-time position to be restored in the Health Department.

County Administrator Phillip Smith-Hanes told the commission the county’s total assessed valuation is up about 3.6 percent as compared to November of last year.

But under the tax lid the county can only raise the amount of property tax revenue that is collected by about 2.7 percent. Smith-Hanes said with the assessed values going up faster than the tax lid allows the county to increase the mill levy there is a slight decrease in mill levy.

It will still generate about $167,000 more than anticipated, according to Smith-Hanes.

🎥 DICKMAN: ‘At this point, we do not have dry soils in Hays’

Hays is nearly two inches ahead of average for annual rainfall.

By BECKY KISER
Hays Post

It’s been an unusually cool and wet spring in Hays but outdoor watering restrictions remain in place.

From June 1 through Sept. 30, no outdoor watering is permitted from city of Hays or private wells between the hours of noon and 7 p.m.

In many areas the soil remains saturated, and Holly Dickman, water conservation specialist, cautions against over watering.

“Despite those warmer days, we may have had here and there, many of our established landscape plants have not needed supplemental irrigation,” says Dickman. “Trees, shrubs and lawns that have been well established and in for years, they really haven’t needed any watering as of yet, which is very unusual for this point in June.”

Too much irrigation is not good for plants and even Mother Nature can cause problems with too much water.

“You can have poor root systems which can ultimately cause unhealthy plants and lots of stress on them,” Dickman said.

Dickman advises checking the soil before watering by using a probe such as a long screwdriver or piece of stiff wire.

Holly Dickman, water conservation specialist, shows a soil probe that can be used to determine moisture depth of soil.

“Stick that probe down into the soil and see whether it’s actually moist or not. Once you hit resistance with a probe like that, you know you’ve probably hit dry soil.

“But at this point, we do not have dry soils in Hays, Kansas.”

The soil should be allowed to dry out before it is watered again.

Watering is recommended to the following depths where the roots are :

  • Turfgrass lawns: 6-8 inches
  • Flowers and vegetables: 8-12 inches
  • Trees and shrubs: 12-18 inches

You made need to water more often if you have a newly planted seed lawn, newly planted flowers or a vegetable garden.

“In that case, on a warmer day you may have to go out and  water periodically to keep those roots systems moist and healthy. But other wise, established plants have not needed additional moisture yet.”

As of Wed., June 19, Hays has received 13.02 inches of moisture this year. The normal average, according to the K-State Research Agricultural Research Center, is 11.27 inches by the end of June.

🎥 Trade group: How Eagle unleashed new opportunities in rural America

NCTA

NCTA

ST. FRANCIS — In a small northwestern Kansas town that sits in the middle of miles and miles of farmland, 1,300 people go about their day with access to some of the country’s fastest internet speeds. Businesses, schools, the hospital, and local municipalities thrive as access to gigabit internet has completely revitalized the economy and way of life for the people of St. Francis.

Eagle Communications, a rural provider in Kansas, Missouri, Nebraska and Colorado, teamed up with the town to launch their network after government and business leaders in St. Francis sought out the provider for help in gaining gigabit access—a type of connectivity that would help them connect, and compete, with the rest of the world on a whole new level.

The partnership with St. Francis is unique in that Eagle was able to work with the town to aggregate demand—or to come up with enough community members who were willing to sign up for the service. Together, they were also able to find volunteers who could help make the project happen, to justify the cost, time and effort, and long-term sustainability of the buildout.

“We got the subscribers and Eagle put the fiber to the premises in town. And now everybody that wants it has it. And I think every day there’s new people signing up because they talk to their neighbors and their neighbors tell ’em, ‘Whatever you’ve got, it isn’t as good as this,’ ” said Robert Grace, the local owner of an agriculture aviation company.

Since the Eagle fiber buildout, 11 new businesses have opened and nine new commercial ventures have sprung up. Eagle’s gigabit internet service has also enticed young professionals to work in the rural area and try out new opportunities.

“In fact, there was a young man and his wife and new little baby just moved back this past week, and he now works from home. Works for Lockheed Martin. You know before this, before Eagle came to town, we really couldn’t do that. Did not have enough broadband to support things like that,” said Grace.

At an event last week hosted by NCTA and the Rural Broadband Caucus in Washington, cable operators, including Eagle, shared the innovative ways that they are bringing broadband to rural America. Public-private partnerships and demand aggregation are critical to closing the digital divide in remote regions of the country, especially when high costs and low populations prove to be obstacles to laying fiber in isolated areas.

“A high-speed internet service is so important for health care, schools, the business community. Important for all those businesses that want to survive in rural America,” said Eagle Chairman and CEO Gary Shorman. “And we talk about how we can go about making broadband work. This is one of the ways to make it happen.”

Disclosure: Eagle Communications is a member of the NCTA and parent company of Hays Post.

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